351.Article
51(1) of the American Convention states that within three months from
the date of the approval of the report on the merits by the IACHR, the
Commission must either refer the case to the Court or decide to publish
the report on the merits. Articles 61 of the Convention, 44 of the
Commission’s Rules of Procedure, and 32 of the Court’s Rules of
Procedure also refer to that power.

352.There
follows a summary of the cases that are still active in the Court,
listed by country.[10]

a. Argentina

Bulacio Case

353.In 2004,
the Commission presented its periodic observations on compliance with
the judgment on the merits, reparations, and costs in the referenced
case. On November 17, 2004, the Court issued a resolution in which,
inter alia, it enjoined the State to adopt all necessary measures to
put into effect and ensure prompt observance of the items pending
compliance that were ordered by the Court in its judgment, and that it
submit a detailed report on such compliance.

Cantos Case

354.In 2004,
the Commission presented information and observations on the first
report on compliance submitted by the Argentine State.

Garrido and
Baigorria Case

355.The
Commission continued submitting to the Court its observations on
compliance with the judgments issued and requested the Court to urge the
Argentine State to carry out the measures ordered, to comply with the
Court’s judgment on reparations in this case.

356.On
November 25, 2004, the Court issued a resolution in which it noted that
it had not received information on compliance with the judgment on
reparations, resolved to continue supervising compliance with the
judgment of August 27, 1998, and requested the State to submit a
detailed report on such compliance by January 31, 2005 at the latest.

357.In this
case, the process of supervising compliance remains active, as regards:
a) the search and identification of the extramarital children of Mr.
Raúl Baigorria, with all the means available to the State, and deposit
of the amount of compensation to which they are entitled by way of
reparations; b) the investigation of the acts that led to the
disappearance of Adolfo Garrido and Raúl Baigorria, and the trial and
punishment of the responsible parties, accomplices, accessories, and any
persons who participated in these events; and c) the location of the
mortal remains of the victims and delivery of such remains to the next
of kin.

b. Bolivia

Trujillo Oroza Case

358.During
2004, the Commission periodically submitted information and observations
on the reports on compliance submitted by the State.

359.On
November 17, 2004, the Court issued a resolution on compliance, in which
it declared that the State had complied with its obligations in the
matter of payment of compensation for material and immaterial damages,
publication of the judgment in the Official Gazette, and adoption of
measures for the protection of human rights that would ensure the free
and full exercise of the rights to life, liberty, and humane treatment,
in addition to the right to judicial protection and a fair trial.

360.In the
same resolution, the Court found that the State had partially fulfilled
its obligation to officially give the name of the victim to an
educational institution in the city of Santa Cruz, and to reimburse the
mother of the victim for costs and expenses incurred. It therefore
decided to keep the supervision process open in these areas and in
others where noncompliance was verified, as follows: the obligation to
employ all the necessary means to locate the mortal remains of the
victim and deliver them to the next of kin; establishment of the forced
disappearance of persons as a crime; investigation, identification, and
punishment of the responsible parties in this case; holding of a public
ceremony in the presence of the victim’s next of kin to officially give
the name of the victim to an educational institution in the city of
Santa Cruz; and, reimbursement of costs and expenses. The Court
therefore required the State to submit a report.

c. Brazil

Case of Damião
Ximenes Lopes

361.On October 1, 2004,
the Commission submitted to the Court the application in Case No.
12,237, Damião Ximenes Lopes versus the Federative Republic of Brazil,
filed on the following grounds: the inhumane and degrading conditions
of the hospitalization of Damião Ximenes Lopes –a person with mental
disabilities—in a medical center operating as part of the Brazilian
Single Health System, known as Casa de Repouso
Guararapes [Guararapes Rest Home]; the beatings and the attacks on
his physical and mental integrity inflicted on him by employees of the
Rest Home; his death while he was undergoing psychiatric treatment;
and, the failure to conduct an investigation and to ensure a fair trial
in this case, which maintain it in a situation of impunity.

d. Colombia

Case
of 19 Merchants (Álvaro Lobo Pacheco et al)

362.On April 21 and 22, 2004, the Commission conducted a
public hearing where it presented witnesses, experts, and final
arguments regarding the merits and reparations of this case.
Subsequently, the IACHR presented its final written arguments in the
case.

363.On July 5, 2005, the Court issued a judgment on the
merits and the reparations pertaining to this case, in which it declared
that:

2. The State
violated the rights to a fair trial and to judicial protection enshrined
in Articles 8.1 and 25 of the American Convention on Human Rights,
considered in relation to Article 1.1 of that instrument, to the
detriment of Álvaro Lobo Pacheco, Gerson Javier Rodríguez Quintero,
Israel Pundor Quintero, Ángel María Barrera Sánchez, Antonio Flórez
Contreras, Víctor Manuel Ayala Sánchez, Alirio Chaparro Murillo, Álvaro
Camargo, Gilberto Ortíz Sarmiento, Reinaldo Corzo Vargas, Luis Hernando
Jáuregui Jaimes, Luis Domingo Sauza Suárez, Juan Alberto Montero
Fuentes, José Ferney Fernández Díaz, Rubén Emilio Pineda Bedoya, Carlos
Arturo Riatiga Carvajal, Juan Bautista, Alberto Gómez (possibly with a
second last name of “Ramírez”), and Huber Pérez (possibly with a second
last name of ”Castaño”), and their next of kin, according to the terms
of paragraphs 173, 174, 177, 200, 203, 204, and 205 of the […] Judgment.

3. The State
violated the right to humane treatment enshrined in Article 5 of the
American Convention on Human Rights, considered in relation to Article
1.1 of that instrument, to the detriment of the next of kin of Álvaro
Lobo Pacheco, Gerson Javier Rodríguez Quintero, Israel Pundor Quintero,
Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel
Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz
Sarmiento, Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis
Domingo Sauza Suárez, Juan Alberto Montero Fuentes, José Ferney
Fernández Díaz, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga
Carvajal, Juan Bautista, Alberto Gómez (possibly with a second last name
of “Ramírez”), and Huber Pérez (possibly with a second last name of
”Castaño”), according to the terms of paragraphs 212 to 218 of the […]
Judgment.

The Court therefore decided that:

4. [the] Judgment constitutes
per se a form of reparations, according to the terms of paragraph
279 of the same.

5. the State must conduct an effective investigation of the
facts of the […] case within a
reasonable time, in order to identify, prosecute, and punish the actual
perpetrators and intellectual authors of the violations committed to the
detriment of the 19 merchants, for the penal effects and any others that
may result from the investigation of the facts, and the results of this
process shall be publicly disclosed, according to the terms of
paragraphs 256 to 263 of the […] Judgment.

6. the State
must, within a reasonable time, conduct a serious search, in which every
effort is made to determine with certainty what happened to the remains
of the victims and, if possible, to deliver said remains to the next of
kin, according to the terms of paragraphs 270 and 271 of the […]
Judgment.

7. the State
must erect a monument to the memory of the victims, and, in a public
ceremony attended by the next of kin of the victims, it must place a
plaque inscribed with the names of the 19 merchants, according to the
terms of paragraph 273 of the […] Judgment..

8. the State
must arrange for a public act of recognition of its international
responsibility for the crimes of this case and as an apology in memory
of the 19 merchants, in the presence of the next of kin of the victims;
the highest State authorities must also participate in this event,
according to the terms of paragraph 274 of the […] Judgment.

9. the State
must provide free of charge the medical and psychological treatment
required by the families of the victims, through its specialized health
institutions, according to the terms of paragraphs 277 and 278 of the
[…] Judgment.

10. the State
must establish all the necessary conditions so that the family members
of the victim Antonio Flórez Contreras, who are in exile, may return to
Colombia, if they so wish, and it must cover the expenses incurred as a
result of the move, according to the terms of paragraph 279 of the […]
Judgment.

11. the State
must specifically take steps to guarantee the life, safety, and security
of the persons and their next of kin who have given testimony to the
Court, and it must provide them with the necessary protection vis-à-vis
any persons, taking into account the circumstances of this case,
according to the terms of paragraph 280 of the […] Judgment.

12. the State must pay the total
amount of US$ 55,000.00 (fifty-five thousand United States dollars), or
its equivalent in Colombian currency, to cover the lost income of each
of the 19 victims, according to the terms of paragraphs 230, 231, 233,
234, 235, 240, and 243 of the […] Judgment.

13. the State must pay the total
amount of US$ 2,000.00(two thousand United States dollars) or
its equivalent in Colombian currency for the expenses incurred by the
next of kin of victims Juan Alberto Montero Fuentes, Víctor Manuel Ayala
Sánchez, Gerson Javier Rodríguez Quintero, Antonio Flórez Contreras,
Ángel María Barrera Sánchez, Alirio Chaparro Murillo, Álvaro Lobo
Pacheco, Israel Pundor Quintero, Luis Hernando Jáuregui Jaimes, Rubén
Emilio Pineda Bedoya, and Reinaldo Corzo Vargas, in their efforts to
determine the whereabouts of these persons, according to the terms of
paragraphs 242 and 243 of the […] Judgment.

14. the State must pay the total
amount of US$ 80,000.00 (eighty thousand United States dollars),or its
equivalent in Colombian currency, as damages for the pain and suffering
[dano inmaterial] of each of the 19 victims, according to the
terms of paragraphs 230, 231, 235, 233, 234, 250, 251, and 252 of the
[…] Judgment.

15. the State must make the
following payments for damages [pain and suffering] caused to the next
of kin of the victims:

a)the
amount of US$ 50,000.00 (fifty thousand United States dollars) or its
equivalent in Colombian currency, to each of the children of the
victims, according to the terms of paragraphs 231, 233, 234, 235, 248,
249, 250, and 252 of the […] Judgment;

b) the amount
of US$ 80,000.00 (eighty thousand United States dollars), or its
equivalent in Colombian currency, to each of the spouses and companions
of the victims, according to the terms of paragraphs 231, 233, 234, 235,
248, 249, 250, and 252 of the […] Judgment;

c) the amount
of US$ 50,000.00 (fifty thousand United States dollars), or its
equivalent in Colombian currency, to each of the parents of the victims,
according to the terms of paragraphs 231, 233, 234, 235, 248, 249, 250,
and 252 of the […] Judgment; and

d) the amount
of US$ 8,500,00 (eight thousand five hundred United States dollars), or
its equivalent in Colombian currency, to each of the brothers and
sisters of the victims, according to the terms of paragraphs 231, 233,
234, 235, 248, 249, 250, and 252 of the […] Judgment.

16. the State must pay the amount of
US$ 10,000.00 (ten thousand United States dollars), or its equivalent in
Colombian currency, to the Colombian Commission of Attorneys [Comisión
Colombiana de Juristas], and the amount of US$ 3,000.00 (three
thousand United States dollars), or its equivalent in Colombian
currency, to the Center for International Justice and Law (CEJIL)
according to the terms of paragraph 285 of the […] Judgment.

17. the State must pay the total amount of material
and immaterial damages established in the […] Judgment, and none of the
items comprising this amount shall be subject to any taxes or
assessments either in effect at the present time or decreed in future,
according to the terms of paragraph 292 of the […] Judgment.

18. the State may comply with its financial
obligations by payment in United States dollars or in the equivalent
amount in Colombian currency, except in the case of bank investment [constitution
de la inversión bancaria], according to the terms of paragraphs
290 and 291 of the […] Judgment.

19. the State must pay the compensation and
reimbursement of costs and expenses, and adopt the measures ordered
under operative items 7, 8, 9, 10, 12, 13, 14, 15, and 16 of the […]
Judgment, within a period of one year of the date of notification,
according to the terms of paragraph 286 of the […] Judgment.

20. in the event
the State should become delinquent in its payments, it must pay interest
on the amount owed at the banking rate of interest for arrears in
Colombia, according to the terms of paragraph 293 of the […] Judgment.

21. if for reasons attributed to the
beneficiaries of the compensation, it is impossible for them to receive
it within the stipulated period of one year as of the date of
notification of the […] Judgment,the State shall earmark said
amounts to an account or place them in a certificate of deposit with a
solvent Colombian banking institution, according to the terms of
paragraph 289 of the […] Judgment.

22. the State shall deposit the
compensation ordered in favor of the youngest beneficiaries, in a bank
investment in their name held by a solvent Colombian institution, in
United States dollars, within a period of one year, and on the most
favorable financial terms allowed under banking legislation and
practice, as long as they are minors, according to the terms of
paragraph 290 of the […] Judgment.

23. the State
shall supervise the execution of this judgment and shall consider the
[…] case closed once the State has fully executed said judgment. Within
a year, counting from the date of notification of the judgment, the
State must submit to the Court a report on the measures adopted to
comply with the judgment, according to the terms of paragraph 294 of the
[Judgment].

Caballero Delgado y Santana Case

364.In the
course of 2004, the Commission continued submitting its observations on
the State’s reports on compliance.

Las Palmeras Case

365.During
2004, the Commission continued submitting its observations on the
State’s reports.

366.On
November 17, 2004, the Court declared that the State had complied with
certain obligations, and that it would maintain the procedure for
supervision of compliance open in regard to the following items still
pending: investigation, identification, and punishment of the
responsible parties; the measures required to identify N.N./Moisés,
within a reasonable time, and to locate, exhume, and deliver the remains
to the next of kin and grant them reparations and payment of the amount
owed by the State. The Court therefore asked the State to submit a
report on compliance, by January 3, 2005 at the latest.

La
Granja and El Aro Case

367.On July
30, 2004, the Commission submitted to the Court an application in cases
12,050 (La Granja) and 12,266 (El Aro), against Colombia, for its
responsibility in the events that occurred in June 1996 and October
1997, respectively, in the Municipality of Ituango, Department of
Antioquia, with regard to the violation of the right to life of 16
persons, the right to life and personal liberty of one person, the right
to life, humane treatment, and liberty of two persons, and the right to
property of six persons, in addition to violations of its duty to ensure
due protection and the right to a fair trial for all these persons and
their next of kin, and of the rights of the child in the applicable
case, all of which are to be considered in conjunction with the
provisions of Article 1(1) of the American Convention

368.
Subsequently, the State responded to the petition and the brief
containing the requests, arguments, and evidence of the representatives,
and filed preliminary objections to the jurisdiction of the Court to
hear this case. The Inter-American Commission submitted its
observations on the subject, in which it refuted the State’s
allegations.

Case of the
Mapiripán Massacre

369.On
September 5, 2003, the Commission submitted to the Court the application
in Case 12,250, Mapiripán Massacre, against Colombia. In 2004, the
State responded to the petition and the brief of requests, arguments,
and evidence from the representatives, and filed its preliminary
objections to the jurisdiction of the Court to hear the matter. The
Inter-American Commission submitted pertinent observations in which it
refuted the State’s allegations.

"Pueblo Bello" Case (José Álvarez Blanco et al)

370.On March
23, 2004, the Commission submitted an application in case 11,748 against
the Republic of Colombia, for torture and the forced disappearance of 37
persons and for the torture and extrajudicial execution of six more
persons. These crimes occurred in January 1990 by the action of
paramilitary groups, with the acquiescence of State agents in the
Departments of Antioquia and Córdoba, in the Republic of Colombia.
Subsequently, the State submitted its answer to the application, and to
the written communication containing the requests, arguments, and
evidence submitted by the representatives, together with a brief in
which it filed preliminary objections to the jurisdiction of the Court
to hear the matter. The Inter-American Commission submitted its
observations in which it rejected the allegations by Colombia.

Case of Wilson
Gutiérrez Soler

371.On March
26, 2004, the Commission submitted to the jurisdiction of the
Inter-American Court an application in case 12,291 against the Republic
of Colombia, for the illegal detention of Wilson Gutiérrez Soler on
August 24, 1994 in the city of Bogotá, for subjecting him to torture and
cruel, inhuman, and degrading treatment while he was in the custody of
State agents, and for violation of his right to a fair trial, as well as
for the total impunity persisting with respect to these acts. The State
submitted its answer to the application and to the brief containing the
requests, arguments, and evidence of the representatives, and filed
preliminary objections. The Commission submitted its observations, in
which it refuted the State’s arguments.

e. Chile

Case of Humberto
Palamara Iribarne

372.On May
13, 2004, the Commission filed an application with the Court in case
11,571, Humberto Antonio Palamara Iribarne versus the Republic of
Chile, for having seized the copies and the master of the book “Ética
y Servicios de Inteligencia” [“Ethics and Intelligence Services”],
for having deleted the book from the hard drive of Mr. Palamara’s
personal computer, for having prohibited publication of the book, and
for having convicted Humberto Antonio Palamara for the crime of
desacato [contempt, or insulting a public official]. On these
grounds, the IACHR requested the Court to determine a violation of
Articles 13 (Freedom of Expression) and 21 (Right to Property) of the
American Convention. The State submitted its answer to the application
and to the written requests, arguments, and evidence submitted by the
representatives. In 2004, the case was in the intermediate stage of
processing by the Court.

f. Costa Rica

Case
of "La Nación" Newspaper

373.On April
30 and May 1, 2004, in a public hearing of the Court, the Commission
presented its final oral arguments on the merits, reparations, and
costs, in addition to testimony from witnesses and experts offered in
this case. Afterwards, the IACHR submitted its final written arguments
in the case.

374.On July
2, 2004, the Court issued a judgment on the merits and reparations in
the instant case, in which it found that:

1. The State
violated the right to freedom of thought and expression enshrined in
Article 13 of the American Convention on Human Rights, considered in
relation to Article 1.1 of that instrument, to the detriment of Mauricio
Herrera Ulloa, according to the terms of paragraphs 130, 131, 132, 133,
and 135 of the […] Judgment.

2. The State
violated the right to a fair trial enshrined in Article 8.1 of the
American Convention on Human Rights, considered in relation to Article
1.1 of that instrument, and in Article 8.2.h of the American Convention,
considered in relation to Articles 1.1 and 2 of that instrument, to the
detriment of Mauricio Herrera Ulloa, according to the terms of
paragraphs 172, 174, 175, and 167 of the […] Judgment.

3. The
judgment constitutes per se a form of reparations according to
the terms of paragraph 200 of the same.

Consequently, it
ordered that:

4. The State
must nullify the judgment, along with all of its factual allegations,
that was issued on November 12, 1999 by the Criminal Court of the First
Judicial Circuit of San José, according to the terms indicated in
paragraphs 195 and 204 of the […] Judgment.

5. Within a
reasonable time, the State must modify its domestic body of law to
conform to Article 8.2.h of the American Convention on Human Rights,
considered in relation to Article 2 of that instrument, according to the
terms indicated in paragraph 198 of the […] Judgment.

6. The State
must pay to Mauricio Herrera Ulloa, as compensation for immaterial
damages, the amount of US$ 20,000,00 (twenty thousand United States
dollars),or its equivalent in Costa Rican currency, according to
the terms of paragraphs 200, 203, 204, and 205 of the […] Judgment.

7. The State
must pay US$10,000.00 (ten thousand United States dollars), or its
equivalent in Costa Rican currency, to Mauricio Herrera Ulloa, to cover
the expenses incurred in his legal defense in procedures involving the
inter-American system for the protection of human rights, according to
the terms of paragraphs 202, 203, 204, and 205 of the […] Judgment.

8. None of the items referred to in operative
paragraphs 6 and 7 of this judgment may be subjected to any taxes or
assessments that are either existing at the present time or may in
future be decreed, according to the terms of paragraph 204 of the […]
Judgment.

9. In the event that the State
should become delinquent in such payments, it shall pay interest on the
amount owed, in accordance with the bank penalty interest rate in Costa
Rica, according to the terms of paragraphs 203 and 204 of the […]
Judgment.

10. The State’s
obligations in respect of the provisional measures ordered shall be
replaced by the obligations set forth in […] Judgment, as of the date
of notification of this judgment, according to the terms set forth in
paragraphs 195, 196, 198, 200, and 202 of the […] Judgment.

11. The State must comply with the
measures for compensation of damages and reimbursement of expenses
contained in operative paragraphs 4, 6, and 7 of the […] Judgment,
within six months of the date of notification of said judgment.

12. Within six
months from notification of the judgment, the State must submit to the
Court a report on the measures adopted to comply with the judgment,
according to the terms of paragraph 206 of that document.

13. The Court
shall supervise compliance with the judgment and shall consider the […]
case closed once the State has fully executed the judgment in question.

g. Ecuador

Benavides Cevallos Case

375.In 2004,
the Commission submitted observations on the information presented by
the Ecuadorian State. The IACHR reiterated its concern over the failure
of the State to comply with the obligation to investigate, prosecute,
and punish the parties responsible for the human rights violations
committed to the detriment of Consuelo Benavides Cevallos, in accordance
with operative item four of the judgment of June 19, 1998.

Daniel David Tibi
Case

376.On July
7 and 8, 2004, the Commission appeared at a public hearing of the
Inter-American Court. At that hearing, it presented its final oral
arguments on the preliminary objections, merits, and reparations and
costs, and the witnesses and proposed experts presented their
testimony. Afterwards, the IACHR presented its final written arguments
in the present case.

377.On
September 7, 2004, the Court issued its judgment on the preliminary
objections, merits, and reparations in the case in point, in which it
decided as follows:

1. To reject
the first preliminary objection filed by the State on “failure to
exhaust domestic remedies.”

2. To reject
the second preliminary objection filed by the State, on “lack of
jurisdiction ratione materiae of the Inter-American Court to hear
violations of the Inter-American Convention to Prevent and Punish
Torture.”

It concluded that:

3. The State
violated the right to personal liberty enshrined in Article 7.1, 7.2,
7.3, 7.4, and 7.5 of the American Convention on Human Rights, considered
in relation to Article 1.1 of that instrument, to the detriment of
Daniel Tibi, according to the terms of paragraphs 94 to 122 of the […]
Judgment.

4. The State violated the rights
to personal liberty and judicial protection enshrined in Articles 7.6
and 25 of the American Convention on Human Rights, considered in
relation to Article 1.1 of that instrument, to the detriment of Daniel
Tibi, according to the terms of paragraphs 126 to 137 of the […]
Judgment.

5. The State violated the right to humane
treatment enshrined in Article 5.1, 5.2, and 5.4 of the American
Convention on Human Rights, considered in relation to Article 1.1 of
that instrument, and it failed to comply with the obligations stipulated
in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and
Punish Torture, to the detriment of Daniel Tibi, according to the terms
of paragraphs 142 to 159 and 162 of the […] Judgment.

6. The State violated the right to humane
treatment enshrined in Article 5.1 of the American Convention,
considered in relation to Article 1.1 of that instrument, to the
detriment of Beatrice Baruet, Sarah and Jeanne Camila Vachon, Lisianne
Judith Tibi, and Valerian Edouard Tibi, according to the terms of
paragraphs 160 to 162 of the […] Judgment.

7. The State
violated the right to a fair trial enshrined in Article 8.1, 8.2, 8.2.b,
8.2.d, 8.2.e, and 8.2.g of the American Convention on Human Rights,
considered in relation to Article 1.1 of that instrument, to the
detriment of Daniel Tibi, according to the terms of paragraphs 167 to
200 of the […] Judgment.

8. The State
violated the right to property enshrined in Article 21 of the American
Convention on Human Rights, considered in relation to Article 1.1 of
that instrument, to the detriment of Daniel Tibi, according to the terms
of paragraphs 209 to 221 of the […] Judgment.

Consequently, it
ordered that:

9. [The] judgment constitute
per se a form of reparations, according to the terms of paragraph
243 of the same.

10. The State,
in a reasonable time, conduct an effective investigation of the facts of
the […] case, for the purpose of identifying, prosecuting, and punishing
all the parties responsible for the violations committed to the
detriment of Daniel Tibi. The result of this process should be
circulated publicly, according to the terms of paragraphs 254 to 259 of
the […] Judgment.

11. The State publish, at least
once, in the Official Gazette and in another daily newspaper circulated
nationally in Ecuador, both the section entitled “Proven Facts” as well
as operative paragraphs one to sixteen of the […] Judgment, without the
footnotes. In addition, the State shall publish the foregoing,
translated into French, in a widely circulated newspaper in France, and
specifically in the region where Mr. Daniel Tibi resides, according to
the terms of paragraph 260 of the […] Judgment.

12. The State
publish an official written statement issued by high government
authorities in which they acknowledge their international responsibility
for the acts referred to in […] case and they apologize to Mr. Tibi and
to the other victims referred to in the […] Judgment, according to the
terms of paragraph 261 of that Judgment.

13. The State shall establish a training program
for personnel of the judiciary, public prosecutor’s office [ministerio
público], the police and prisons, including medical, psychiatric,
and psychological personnel, on the principles and rules of government
protection for human rights in prisons and detention centers. The
design and implementation of the training program should include the
allocation of specific resources to achieve its purposes, and it should
be carried out with the participation of civil society. To this end, the
State should set up an inter-institutional committee for the purpose of
defining and implementing the training programs in human rights and
treatment of prisoners. The State shall report to this Court on the
formation and operation of this committee within six months, according
to the terms of paragraphs 262 to 264 of the [...] Judgment.

14. The State
shall pay the total amount of €148.715,00 (one hundred forty-eight
thousand, seven hundred fifteen euros) as compensation for physical or
material damages, according to the terms of paragraphs 235 to 238 of the
[…] judgment, to be distributed as follows:

a) to Daniel Tibi, the amount of €57,995.00 (fifty-seven thousand, nine hundred
ninety-five euros), according to the terms of paragraphs 235, 236,
237.b, 237.c, 237.d, and 238 of the […] Judgment;

b) the State
shall return to Daniel Tibi the property seized at the time of his
detention, within a period of six months from the date of the [...]
judgment. If that is impossible, the State shall pay to him the amount
of €82,850.00 (eighty-two thousand, eight hundred fifty euros),
according to the terms of paragraphs 237.e and 238 of the […] Judgment;
and

c) to
Beatrice Baruet, the amount of €7.870,00 (seven thousand eight hundred
seventy euros), according to the terms of paragraphs 237.a and 238 of
the […] Judgment.

15. The State
shall pay the total amount of €207,123.00 (two hundred seven, one
hundred twenty-three euros), as compensation for immaterial damages,
according to the terms of paragraphs 244 to 250 of the […] Judgment, to
be distributed as follows:

a) to Daniel Tibi, the amount of €99.420,00
(ninety-nine thousand, four hundred twenty euros), according to the
terms of paragraphs 244 to 246, 249, and 250 of the [..] Judgment;

b) to Beatrice Baruet, the amount
of €57,995.00 (fifty-seven thousand, nine hundred ninety-five euros),
according to the terms of paragraphs 247, 248, and 250 of the […]
Judgment;

c) to Sarah
Vachon, the amount of €12,427.00 (twelve thousand, four hundred
twenty-seven euros) according to the terms of paragraphs 247, 248, and
250 of the […] Judgment;

d) to Jeanne Camila Vachon, the
amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros)
according to the terms of paragraphs 247, 248, 250, and 275 of the […]
Judgment;

e) to Lisianne Judith Tibi, the
amount of €12,427.00 (twelve thousand, four hundred twenty-seven euros)
according to the terms of paragraphs 247, 248, 250, and 275 of the […]
Judgment; and

f) to
Valerian Edouard Tibi, the amount of €12,427.00 (twelve thousand, four
hundred twenty-seven euros) according to the terms of paragraphs 247,
248, and 250 of the […] Judgment.

16. The State shall pay to Daniel
Tibi the total amount of €37,282.00 (thirty-seven thousand, two hundred
eighty-two euros), to cover the costs and expenses incurred in domestic
proceedings and in the international procedures in the inter-American
system for the protection of human rights, according to the terms of
paragraphs 268 to 270 of the […] Judgment.

17. The State
shall fulfill its monetary obligations by payment in euros.

18. They
payments for damages and costs and expenses established in this Judgment
may not be obligated, reduced, or made conditional, by application of
current or future fiscal provisions, according to the terms of paragraph
277 of the […] Judgment.

19. The State shall comply with the
measures for reparations and reimbursement of expenses stipulated in the
[…] Judgment, within a period of one year, counting from notification of
this Judgment, unless different terms are established.

20. It shall
supervise full compliance with the […] Judgment. The case shall be
considered closed once the State has fully executed all the provisions
of the […] judgment. Within the period of one year, counting from
notification of the Judgment, the State must submit to the Court an
initial report on the measures adopted to comply with it.

Case
of Rigoberto Acosta Calderón

378.On June
25, 2003, the Commission presented to the Court the case of Rigoberto
Acosta Calderón, to obtain the Court’s opinion on the international
responsibility of the Republic of Ecuador for violation of Articles 7(3)
and (5), 8(1), 8(2), 8(2)(d) and (e), 24, and 25 of the Convention, all
to be considered in conjunction with the obligations set forth in
Articles 1(1) and 2 of the Convention. The case is in the intermediate
stage of proceedings, and no action was taken by the Commission during
2004.

Suárez Rosero Case

379.In 2004,
the Commission submitted information and observations on the information
presented by the Ecuadorian State, in which it referred to the need for
the State to adopt all necessary measures to make the reparations
ordered in the judgments on the merits (November 12, 1997) and on
reparations (20 January, 1999), which are pending compliance.

h. El Salvador

Case
of Erlinda and Ernestina Serrano Cruz

380.On
September 7 and 8, 2004, the Commission appeared before the Court at a
public hearing and presented its final oral arguments, as well as
testimony and evidence offered on the preliminary exceptions, merits,
and reparations and costs. Subsequently, the IACHR presented its final
written arguments in the present case.

381.On November 23, 2004,
the Court issued its judgment, in which it decided

Unanimously:

1. To admit
the first preliminary ratione temporis objectionfiled by
the State, entitled “Lack of jurisdiction by virtue of the terms on
which the State of El Salvador submitted to the jurisdiction of the
Inter-American Court of Human Rights,” in accordance with paragraphs 73,
78, and 96 of the […] Judgment, with regard to the facts or the acts
that occurred prior to June 6, 1995, the date on which the State
deposited the instrument of recognition of the jurisdiction of the Court
with the OAS General Secretariat.

By six votes to one:

2. To admit
the first preliminary ratione temporis objectionfiled by
the State, called “Lack of jurisdiction by virtue of the terms on which
the State of El Salvador submitted to the jurisdiction of the
Inter-American Court of Human Rights,” in accordance with paragraphs 73,
79, 95, and 96 of the […] Judgment, with regard to the facts or the acts
which began to be executed prior to June 6, 1995, and which continued
after the date on which the jurisdiction of the court was recognized.

Dissenting vote: Judge
Cançado Trindade.

By six votes to one:

3. To overrule the first
preliminary ratione temporis objectionfiled by the State,
called “Lack of jurisdiction by virtue of the terms on which the State
of El Salvador submitted to the jurisdiction of the Inter-American Court
of Human Rights,” in accordance with paragraphs 84, 85, 93, 94, and 96
of the […] Judgment, with regard to the alleged violations of Articles 8
and 25 of the Convention, considered in relation to Article 1.1 of that
instrument, and with regard to any other violation which occurred or was
initiated after June 6,1995, the date on which the State deposited with
the OAS General Secretariat its instrument of recognition of the Court’s
jurisdiction.

Dissenting vote: ad
hoc Judge Montiel Argüello.

Unanimously:

4. To overrule
the preliminary objection entitled “Nonretroactive nature of
application of the terms, ‘Forced Disappearances of Persons’,” in
accordance with the first and second operative items, and paragraphs 78,
79, and 106 of the […] Judgment.

Unanimously:

5. To overrule
the second preliminary objection entitled “Lack of Rationae Materiae
Jurisdiction,” in accordance with the first and second operative points
and paragraphs 78, 79, and 120 of the […] Judgment.

Unanimously:

6. To overrule
the third preliminary objection, called “Inadmissibility of the
application for reasons of obscurity and inconsistency between the
Object and the Petitorio [part of the petition containing the
legal claims and procedural action requested], on the one hand, and the
body of the application, on the other,” on the grounds that this does
not constitute a preliminary objection per se, in accordance with
paragraph 127 of the […] Judgment.

By six votes to one:

7. To overrule
the fourth preliminary objection filed by the State on “lack of
exhaustion of domestic remedies,” in accordance with paragraphs 141 and
142 of the […] Judgment.

Dissenting vote:
ad hoc Judge Montiel Argüello.

i.
Guatemala

Bámaca Velásquez
Case

382.During 2004, the
Commission regularly presented comments on the compliance reports filed
by the State.

Blake Case

383.During 2004, the
Commission regularly presented information and comments on the
compliance reports filed by the State.

Carpio Nicolle Case

384.On July 5 and 6, 2004,
the Commission appeared before the Court at a public hearing that had
been scheduled to address the merits of the case and the reparations and
costs. However, at the start of the public hearing, the Guatemalan State
acknowledged its international responsibility for the human rights
violations alleged in the case.

385.On July 5, 2004, the
Court issued an Order in which it resolved to accept the State’s
recognition of its international responsibility and to continue with the
public hearing that had been convened, but to restrict its focus to the
matter of reparations and costs. Consequently, the Commission submitted
its claims and its testimonial and expert evidence as relevant to the
reparations and costs only. The IACHR subsequently submitted its written
final arguments applicable to this case.

386.On November 22, 2004,
the Court issued Judgment in this case, in which it found:

Unanimously that:

1. The State
did violate the rights enshrined in the following articles of the
American Convention on Human Rights, in conjunction with Article 1.1
(obligation to respect rights) thereof:

2. [The]
Judgment represents, in and of itself, a form of reparations, pursuant
to paragraph 117 of the […] Judgment.

AND ORDER[ED]:

Unanimously, that:

1. The State
shall conduct an effective investigation into the facts of this case in
order to identify, prosecute, and punish the physical perpetrators of
and the masterminds behind the extrajudicial killing of Messrs. Carpio
Nicolle, Villacorta Fajardo, Ávila Guzmán, and Rivas González, and of
the serious injuries inflicted on Sydney Shaw Díaz. The result of those
proceedings shall be made public, pursuant to paragraph 129 of the […]
Judgment.

2. The State
shall eliminate all physical and legal obstacles and mechanisms that
serve to uphold impunity in the case at hand, guarantee adequate
guarantees of security to the witnesses, judicial authorities,
prosecutors, other officials of the judiciary, and the victims’
relatives, and take all steps within its reach to pursue the
proceedings, pursuant to paragraphs 130 to 134 of the […] Judgment.

3. The State
shall adopt specific measures aimed at strengthening its capacity to
conduct investigations, pursuant to paragraph 135 of the […] Judgment.

4. The State
shall publicly recognize its responsibility in connection with the […]
case, and express its apologies, pursuant to paragraphs 136 and 137 of
the […] Judgment.

5. The State
shall publish, within six months following notification of the […]
Judgment, and on at least one occasion, in the Official Journal, in
another national daily newspaper, and in the most widely read bulletin
of the Guatemalan armed forces, the section of [the] Judgment titled
Proven Facts, without the corresponding footnotes, paragraphs 77 and 78
of the section titled Grounds of the Judgment,and the operative
paragraphs thereof, pursuant to paragraph 138 of the […] Judgment.

8. The State
shall pay the amount set out in paragraph 145 of the […] Judgment to
Mrs. Martha Arrivillaga de Carpio and Messrs. Rodrigo and Jorge Carpio
Arrivillaga, to cover costs and expenses, pursuant to that paragraph.

9. The State
shall pay the compensation amounts and reimburse the costs and expenses
within a period of one year following notification of the […] ruling,
pursuant to paragraph 146 of [the] Judgment. Regarding the publication
of the relevant parts of the Judgment and the public act recognizing its
international responsibility and offering its apologies, the State shall
comply with those requirements within a period of six months following
the notification of the […] Judgment, pursuant to paragraph 146 thereof.

10. The State
shall deposit the compensation ordered payable to the minor
beneficiaries in a bank investment held in their name at a solvent
Guatemalan institution, in U.S. dollars or in domestic currency, as
selected by their legal representatives, within a period of one year,
and under the most favorable financial conditions permissible under law
and banking practice for as long as they remain minors, pursuant to
paragraph 151 of [the] Judgment.

11. The State
may meet its monetary obligations by payments in U.S. dollars or in the
equivalent amount of the State’s domestic currency, using for the
calculation thereof the exchange rate between the two currencies in
force in New York City, United States of America, the day prior to the
payment, pursuant to paragraph 149 of the […] Judgment.

12. The payments
for material and nonmaterial damages and for costs and expenses set out
in the […] Judgment may not be adjusted, reduced, or subjected to any
conditions by reason of current or future fiscal policy, pursuant to
paragraph 152 of the […] Judgment

13. Should the
State’s payments fall past due, it shall pay interest on the amount owed
in accordance with past-due bank interest rates in Guatemala.

14. If, for
reasons attributable to the beneficiaries of the compensation payments,
said payments could not be given to them within the period of one year
as stipulated, following notification of the […] Judgment, the State
shall deposit those amounts, on behalf of the beneficiaries, in an
account or certificate of deposit at a solvent Guatemalan banking
institution, pursuant to paragraph 150 of the […] Judgment.

15. It shall
monitor complete compliance with [the] Judgment, and it shall consider
this case closed once the State has fully complied with the measures set
forth therein. Within a period of one year following notification of
[the] Judgment, the State shall submit to the Court a report on the
steps taken in compliance with its terms, pursuant to paragraph 154
thereof.

Fermín Ramírez Case

387.On September 12, 2004,
the Commission lodged with the Court its application in Case No. 12.403,
filed against Guatemala for its responsibility in violating Articles 4
(right to life), 8 (right to a fair trial), 25 (right to effective
judicial protection), and 1.1 (obligation of respecting rights) of the
American Convention by sentencing Mr. Fermín Ramírez to the death
penalty without affording him the opportunity to exercise his right of
defense, as regards the changes made both to the charges leveled at him
in the accusation and to the legal definition applied, which took place
when the Guatemalan judicial authorities handed down his conviction on
March 6, 1998.

Maritza Urrutia
Case

388.During 2004, the
Commission regularly presented comments on the compliance reports filed
by the State.

Plan de Sánchez
Massacre Case

389.On April 23 and 24,
2004, the Commission appeared before the Court at a public hearing that
had been scheduled to address preliminary objections, the merits of the
case, and reparations and costs. However, at the start of the public
hearing, the Guatemalan State acknowledged its international
responsibility for the human rights violations alleged in the case and
withdrew all the preliminary objections it had previously lodged.

390.On April 23, 2004, the
Court issued an Order noting that all the preliminary objections filed
by the State had been withdrawn; accepting the State’s recognition of
its international responsibility; and continuing with the public hearing
that had been convened, but restricting its focus to the matter of
reparations and costs. Consequently, the Commission submitted its claims
and its testimonial and expert evidence as relevant to the reparations
and costs only. The IACHR subsequently submitted its written final
arguments applicable to this case.

391.On April 29, 2004, the
Court issued a Judgment on the merits in the case at hand, in which it
resolved to:

1. Reiterate
its Order of April 23, 2004, in which it noted that all the preliminary
objections filed by the State had been withdrawn and accepted the
State’s recognition of its international responsibility.

2. Declare
that the dispute regarding the incident that gave rise to the […] case
has concluded.

3. Declare,
pursuant to the terms of the acknowledgement of international
responsibility extended by the State, that it did violate the rights
protected in Articles 5.1 and 5.2 (right to humane treatment), 8.1
(right to a fair trial), 11 (right to privacy), 12.2 and 12.3 (freedom
of conscience and religion), 13.2.a and 13.5 (freedom of thought and
expression), 16.1 (freedom of association), 21.1 and 21.2 (right to
property), 24 (equality before the law), and 25 (judicial protection) of
the American Convention on Human Rights; and that it failed to abide by
the obligation to respect those rights set forth in Article 1.1 thereof,
pursuant to paragraphs 47 and 48 of the […] Judgment.

4. Continue
hearing the […] case in the reparations and costs phase.

392.On November 19, 2004,
the Court issued a Judgment on reparations in this case, in which it
decided:

1. [The]
Judgment represents, in and of itself, a form of reparations, pursuant
to paragraph 81 thereof.

AND ORDER[ED] THAT:

unanimously,

1. The State
shall conduct an effective investigation into the Plan de Sánchez
Massacre in order to identify, prosecute, and punish its physical
perpetrators and the masterminds behind it, pursuant to paragraphs 94 to
99 of the […] Judgment.

2. The State
shall conduct a public ceremony recognizing its responsibility in the
facts of [the] case and apologizing to its victims. The ceremony shall
take place in the village of Plan de Sánchez, where the massacre took
place, and shall be attended by ranking authorities of the State and, in
particular, by the members of Plan de Sánchez community and by the other
victims in the […] case, residents of the villages of Chipuerta, Joya de
Ramos, Raxjut, Volcanillo, Coxojabaj, Las Tunas, Las Minas, Las
Ventanas, Ixchel, Chiac, Concul, and Chichupac, and the leaders of those
affected communities shall participate in the ceremony. The State shall
provide the facilities necessary to ensure the presence of those
individuals at the ceremony. Additionally, the State shall conduct the
ceremony in both the Spanish and Achi Maya languages, and shall ensure
it is covered in the media, pursuant to paragraphs 100 and 117 of the
[…] Judgment.

3. At that
same ceremony the State shall publicly honor the memory of the people
executed in the Plan de Sánchez Massacre at the hands of State agents on
July 18, 1982, pursuant to paragraphs 101 and 117 of the […] Judgment.

4. The State
shall translate, into the Achi Maya language, the American Convention on
Human Rights, should it not have already been done, the merits judgment
issued by the Court on April 29, 2004, and the instant Judgment. The
State shall also provide the resources necessary to facilitate the
dissemination of those documents in the Rabinal municipality and to hand
over copies thereof to the victims of the […] case, pursuant to
paragraphs 102 and 117 of [the] Judgment.

5. The State
shall publish, within one year following notification of the […]
Judgment, on at least one occasion, in the Official Journal and another
national daily newspaper, in Spanish and in Achi Maya, both the section
titled Established Facts of Chapter V and operative paragraphs one to
four of the Judgment on the merits issued by the Court on April 29,
2004, and Chapter VII, titled Proven Facts, without the footnotes, and
the first declaratory paragraph and the first through ninth operative
paragraphs of [the] Judgment, pursuant to paragraphs 103 and 117.

6. The State
shall pay the amount set in paragraph 104 of the […] Judgment, for the
upkeep and improvement of the chapel in which the victims pay tribute to
those killed in the Plan de Sánchez massacre, pursuant to paragraphs 104
and 117.

7. The State
shall provide, free of charge, through its specialized health agencies,
the medical attention required by the victims including, inter alia,
any medicines that may be necessary. The State must also establish a
specialized program for psychological and psychiatric treatment, to be
made available free of charge, pursuant to paragraphs 106 to 108 and 117
of the […] Judgment.

8. The State
shall provide adequate housing to those surviving victims who reside in
the village of Plan de Sánchez and who have a need thereof, pursuant to
paragraphs 105 and 117 of the […] Judgment.

9. The State
shall also implement the following programs in the communities of Plan
de Sánchez, Chipuerta, Joya de Ramos, Raxjut, Volcanillo, Coxojabaj, Las
Tunas, Las Minas, Las Ventanas, Ixchel, Chiac, Concul, and Chichupac:
(a) the study and dissemination of Maya Achi culture in the affected
communities, through the Guatemalan Academy of Mayan Languages or some
similar organization; (b) the maintenance of and improvements to the
road network between those communities and the municipal seat at
Rabinal; (c) a sewerage system and a drinking water supply; (d) the
provision of teaching personnel trained in intercultural and bilingual
teaching for primary, secondary, and diversified education in those
communities, and (e) the establishment of a health center in the village
of Plan de Sánchez, with adequate personnel and facilities, together
with the training of the staff at the Municipal Health Center in Rabinal
so they can provide medical and psychological care to those persons
affected and requiring such assistance, pursuant to paragraphs 109 to
111 and 117 of the […] Judgment.

10. The State
shall make the payments for material damages to each of the victims in
the […] case, pursuant to paragraphs 72 to 76 and 117 of the […]
Judgment.

11. The State
shall make the payments for nonmaterial damages to each of the victims
in the […] case, pursuant to paragraphs 80 to 89 and 117 of the […]
Judgment.

12. The State
shall make a payment to cover the costs and expenses of the
international proceedings of the Human Rights Legal Action Center,
pursuant to paragraphs 116, 117, and 119 of the […] Judgment.

13. The State
shall pay the total amount of the compensation ordered for material
damages, nonmaterial damages, costs and expenses set out in the […]
Judgment, and none of those amounts may be subject to any taxes, liens,
or duties currently extant or created in the future.

14. The State
shall comply with the compensation measures and reimbursement of costs
set forth in the […] Judgment, within a period of one year following
notification thereof, except if other deadlines are established.

15. Should the
State fail to make payment on time, it shall pay interest on the amount
owed equal to the rate of past-due bank interest in Guatemala, pursuant
to paragraph 123 of the […] Judgment.

16. The Court
shall monitor compliance with [the]Judgment, and it shall consider the
[…] case closed once the State has fully implemented the measures set
forth therein. Within a period of one year following notification of
[the] Judgment, the State shall submit to the Court a report on the
steps taken in compliance with its terms, pursuant to paragraph 124 of
the […] Judgment.